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United Arab Emirates

NRE, NRO interest and Indian dividends as a UAE resident

Your NRE interest is tax-free in India. NRO interest and dividends are taxed, but the treaty cuts the rate sharply if you claim it.

You live in the UAE and you earn interest on your Indian bank accounts and dividends on Indian shares, and you want to know the tax. The UAE takes nothing, so this is entirely an Indian question, and the answer differs sharply by account. NRE interest is tax-free, NRO interest and dividends are taxed, but the India-UAE treaty cuts those taxed rates a long way if you claim it properly. Here is how each is treated and how to get the lower rate.
Last reviewed: 27 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

The UAE has no personal income tax, so none of this is taxed at home, and the whole question is the Indian side, which depends on the account. Interest on your NRE account is exempt from Indian tax while you are a non-resident, so it comes to you tax-free. Interest on your NRO account is taxable, and Indian banks withhold TDS on it at around 30 per cent. Dividends on Indian shares are taxable too, withheld at around 20 per cent. The good news is the India-UAE treaty, which caps these: interest at 12.5 per cent, or 5 per cent if paid to a bank, and dividends at 10 per cent. To get the lower rate you give the payer a UAE tax residency certificate, now issued through the EmaraTax portal, together with Form 41, formerly Form 10F, and a declaration that you have no permanent establishment in India. There was once doubt about whether a UAE resident who pays no tax could claim treaty benefits, but that was settled: the treaty defines a UAE-resident individual by days of presence, not by paying tax, so you can claim. Our job is to get the rate reduced and reclaim any excess.

References on this page

  • NRE interest is exempt from Indian tax while you are a non-resident; NRO interest is taxed (TDS around 30%) and dividends are taxed (around 20%)
  • The India-UAE treaty caps interest at 12.5% (5% to a bank) and dividends at 10%
  • Claim the lower rate with a UAE tax residency certificate (via EmaraTax), Form 41, and a no-permanent-establishment declaration
  • The old doubt about a no-tax UAE resident claiming treaty benefits was settled: residency is defined by days of presence, not by paying tax

Tax-free NRE, taxed NRO and dividends

Because the UAE has no personal income tax, none of your Indian interest or dividends is taxed in the UAE, so the whole question is Indian, and it turns on which account the money sits in. Interest on your NRE account is exempt from Indian tax under Section 10(4) for as long as you are a non-resident, so it reaches you completely tax-free, and there is nothing to claim or reduce, it is already at zero. That exemption is a domestic one, not a treaty one, so it holds regardless of any treaty rate.

The taxed items are NRO interest and dividends. Interest on your NRO account is taxable in India, and the bank withholds TDS on it under Section 195, the non-resident section, at around 30 per cent once surcharge and cess are added. Dividends on Indian shares are taxable too, withheld at around 20 per cent. Left alone, those are heavy rates, well above what you actually owe under the treaty, so the point is to bring them down.

The treaty rate, and the UAE certificate that unlocks it

The India-UAE treaty caps these rates a long way below the domestic withholding. Interest is capped at 12.5 per cent, or 5 per cent where it is paid to a bank or financial institution, and dividends are capped at a flat 10 per cent. So your NRO interest can come down from around 30 per cent to 12.5, and your dividends from around 20 per cent to 10. One useful detail: the treaty rate is all-inclusive, so no surcharge or cess is added on top of it, unlike the domestic rate.

To get the lower rate, you give the payer, your bank or the company's registrar, a UAE tax residency certificate, which the UAE now issues through its EmaraTax portal, along with Form 41, which used to be called Form 10F, and a short declaration that you have no permanent establishment in India. There used to be a real argument that a UAE resident, paying no personal tax, was not liable to tax and so could not be a treaty resident, but that was resolved: the treaty defines a UAE-resident individual by days of presence in the UAE, not by paying tax, so a genuine UAE resident can claim. Under the new Indian law the relief provision is renumbered, but the mechanism is the same. Where too much has already been withheld, we also reclaim the excess through your Indian return. Getting the certificate, the forms and the reduced rate right is the whole job, and it is what we handle.

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What's involved

What the CA actually does

  1. 1

    We confirm the NRE exemption

    We confirm your NRE interest is tax-free in India and keep it correctly out of the tax net.

  2. 2

    We cut the NRO and dividend rate

    We use the treaty and your UAE certificate to bring the NRO interest and dividend TDS down to the treaty rate.

  3. 3

    We handle the certificate and forms

    We prepare Form 41 and use your UAE tax residency certificate so the payer applies the lower rate.

  4. 4

    We reclaim excess TDS

    Where too much was withheld, we file your return and recover the excess.

What to have ready

Documents you'll typically need

  • Your NRE, NRO and dividend income details
  • The TDS deducted and the rate used
  • Your UAE tax residency certificate
  • Your PAN and account details

Frequently asked questions

Common questions

Earning Indian interest or dividends from the UAE?

Tell us your accounts and holdings. A practising CA will cut the TDS to the treaty rate and reclaim any excess, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.